National Public Radio et al v. United States Department of Labor et al and 11 other new FOIA lawsuits

We have added 83 documents from 12 FOIA cases filed between September 9, 2018 and September 15, 2018. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. National Public Radio et al v. United States Department of Labor et al (filed Sep 13, 2018)
   National Public Radio reporter Howard Berkes submitted two FOIA requests to the Mine Safety and Health Administration. Berkes’ first FOIA request was for a monthly report known as DebtByAge, which provides the latest accounting of final mine safety penalties assessed by the agency by delinquent for non-payment. The agency acknowledged receipt of the request but told Berkes that unusual circumstances applied. Berkes’ second FOIA request was for a quarterly summation of employee hours and coal production for each calendar year from 1986 through 1999. The agency claimed that unusual circumstances applied to this request as well. After hearing nothing further concerning either request, Berkes and NPR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 10, 2018)
   Judicial Watch submitted a FOIA request to the FBI for a search warrant issued to allow the agency to search emails on former Rep. Anthony Weiner’s computer that might relate to the Hillary Clinton email investigation. The agency denied Judicial Watch’s request. Judicial Watch filed an administrative appeal of that decision. Judicial Watch submitted a second FOIA request to the FBI for records concerning the agency’s search of Weiner’s computer. The agency acknowledged receipt of the second request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 10, 2018)
   Judicial Watch submitted a FOIA request to the FBI for records concerning a series of interviews conducted with Department of Justice attorney Bruce Ohr. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. FREEDOM WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Sep 11, 2018)
   Freedom Watch submitted four FOIA requests to the Department of Justice, the FBI, and the Bureau of Alcohol, Tobacco and Firearms for records concerning several named individuals. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Freedom Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Karam v. United States Department of Health and Human Services (filed Sep 12, 2018)
   Rose Ann Karam submitted a FOIA request to the Department of Health and Human Services for records concerning her complaint to the Office of Civil Rights. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Karam filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
6. NATIONAL SECURITY ARCHIVE v. DEPARTMENT OF STATE (filed Sep 12, 2018)
   The National Security Archive submitted a FOIA request to the Department of State for records concerning former Deputy Secretary of State Strobe Talbott. The NSA also requested inclusion in the news media fee category. The agency acknowledged receipt of the request. The agency asked NSA to narrow the scope of its request but later told NSA that the scope was narrow enough to allow a search. However, after hearing nothing further from the agency, NSA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Sep 13, 2018)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning a contract awarded by the Defense Washington Headquarters Services Office to Stefan Halper. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. CAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF JUSTICE (filed Sep 13, 2018)
   Cause of Action Institute submitted three FOIA requests to the Department of Justice’s Office of Inspector General for records concerning communications between OIG and Congress pertaining to alleged improper disclosure of tax return information. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, COA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. LAMBDA LEGAL DEFENSE & EDUCATION FUND, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Sep 13, 2018)
   The Lambda Legal Defense Fund submitted a FOIA request to the Department of Health and Human Services for records concerning communications between Brett Kavanaugh and various officials at HHS during the Bush administration concerning media stories by Margaret Gallagher or Michael McManus. Lambda Legal Defense Fund also requested expedited processing. After hearing nothing further from the agency, Lambda Legal Defense Fund filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Manning v. Powell (filed Sep 13, 2018)
    Tabrenia Manning filed suit against Scott Powell and Santander Consumer under the Fair Debt Collection Practices Act. This is not a FOIA case.
    Issues: FOIA not mentioned
11. Hassan v. U.S. Department of Homeland Security et al (filed Sep 14, 2018)
    Abdurazegh Hassan submitted a FOIA request to the Department of Homeland Security for his alien file. The agency acknowledged receipt of his request but after hearing nothing further from the agency, Hassan filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. WATERKEEPER ALLIANCE et al v. ENVIRONMENTAL PROTECTION AGENCY (filed Sep 14, 2018)
    Waterkeeper Alliance and the Sierra Club submitted a FOIA request to the EPA for records concerning policy changes pertaining to concentrated animal feeding operations. The agency acknowledged receipt of the request and told the requesters that fees would not be incurred. After hearing nothing further from the agency, Waterkeeper Alliance and the Sierra Club filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees